Fiore v. White

The Commonwealth of Pennsylvania convicted codefend-ants William Fiore and David Searpone of violating a provision of Pennsylvania law forbidding any person to “operate a hazardous waste” facility without a “permit.” Pa. Stat. Ann., Tit. 35, § 6018.401(a) (Purdon 1993) (reprinted at Appendix A, infra). Each codefendant appealed to a different intermediate state court, one of which affirmed Fiore’s conviction, the other of which reversed Searpone’s. The Pennsylvania Supreme Court denied further review of Fiore’s case, and his conviction became final. However, that court agreed to review…